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Mr. Paul Tyler (North Cornwall): Do other members of the Council of Europe take the same line on the definition of a racial group? I understand that they do not. If there were a divergence in the definition used by different member states, that would be unfortunate, as it could be interpreted to mean that the British Government are discriminating against the Cornish, and that other minority languages and cultures are treated differently.
Ms Quin: I would prefer to let the hon. Gentleman know in writing the position of other member states, as we understand it. In part, that is because my hon. Friend the Minister of State has had much more contact with the Council of Europe than I. However, the Government are not aware of any rights granted under the framework convention that are denied to people in Cornwall. Indeed, we would be very concerned to hear of any specific barriers preventing people from freely maintaining and expressing their culture and identity.
Obviously, the convention aims to address the position of minorities across Europe as a whole. I can reassure the hon. Member for St. Ives that we most definitely do not intend to justify policies aimed at preventing natural changes in the racial or ethnic balance of a particular region. That would be totally perverse. Such an interpretation would clearly contravene the spirit of the convention, particularly article 2, which states:
The hon. Gentleman's main point related to the status of the Cornish language under the Council of Europe's charter for regional or minority languages. He asked how the Government choose to deal with the issue. The charter places legal obligations on contracting parties regarding regional or minority languages spoken in their territories. Regional or minority languages are defined as those that are
Mr. Flynn:
Will my right hon. Friend give way?
Ms Quin:
I am sorry; I must address the key points raised and I am afraid that I shall not have time if I give way.
The Minister of State, my right hon. Friend the Member for Leeds, Central, told the House last June that the Government intended to adhere to the charter. He said that, at the time of ratification of the charter, we would specify the Welsh language in Wales and the Gaelic language in Scotland. My right hon. Friend the Secretary of State for Scotland informed my Department that the lengthy process of identifying which minimum of the 35 paragraphs or sub-paragraphs are to be applied to Gaelic in Scotland has now been completed. My right hon. Friend the Secretary of State for Wales hopes shortly to be in a similar position with regard to the Welsh language.
Once the process is complete, we intend to ratify the charter. I am sure that hon. Members will agree that this is a suitable year in which to do so, as it is the 50th anniversary of the founding of the Council of Europe.
I am well aware, particularly having heard the hon. Member for St. Ives this evening, that the hon. Gentleman regrets the fact that the Government have not yet taken a position on Cornish. It is a complicated issue, and the hon. Gentleman will appreciate that consideration of regional languages in Scotland, Wales and Northern Ireland are matters for the relevant Secretaries of State. For Cornish, the charter raises issues that touch on the responsibilities of a number of Departments. There are implications for education, culture, transport, the judicial system and the whole range of public services in Cornwall.
The hon. Gentleman was given an assurance when he met my hon. Friend the Minister of State that the matter of the lead Department was with the Cabinet Office. The hon. Gentleman has written to the Prime Minister on that point, and sent copies to my hon. Friend the Minister of State and to other interested hon. Members.
Following inquiries, I am glad to be able to say that the hon. Gentleman will be given the information about the lead Department on those issues shortly--within the coming month--and he will also receive a reply from my right hon. Friend the Prime Minister. I hope that that will reassure him that, as well as taking Cornwall's general situation seriously in the way that I outlined at the beginning of my contribution, we are dealing with the specific issues that relate to the Cornish language.
I welcome the hon. Gentleman's comments. It is important to raise those issues and I am glad that interest has been shown--a number of hon. Members have attended the debate. I hope that he will feel that, in spite of the frustrations of the past, we are making some progress on the issue.
Question put and agreed to.
"The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and cooperation between States."
Such an interpretation would also be contrary to human rights as defined in the European convention on human rights, and it would contravene the welcome addition made to the Amsterdam treaty when we, along with our European Union partners, introduced a non-discrimination clause. All that reinforces our understanding that the convention should not be misused in the way that the hon. Gentleman rightly raises as a danger.
"traditionally used within a given territory of a State by nationals of that State who form a group numerically smaller than the rest of the State's population; and"
which are
"different from the official languages of the State."
Under the charter, languages can be specified in two categories. Under part II, states commit themselves to base their policies, legislation and practice in respect of minority or regional languages on specified objectives and principles. Should a state decide to specify a regional or minority language under part III of the charter, the state is required to promote its use in public life. That is done by applying several paragraphs from part III, which cover education, justice, public services, the media, cultural activities and facilities, and economic and social life. In other words, they are very wide ranging.
Adjourned accordingly at four minutes to Eleven o'clock.
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